LAW FIRM

25 September 2010 __________________ __________________ __________________ SUBJECT: RETAINER AGREEMENT Dear ____________: This is to confirm in writing our verbal negotiations for us to represent you as a private prosecutor in a criminal action for robbery with rape. Please examine this letter carefully and let our firm know immediately if you have any questions or concerns. No work will be performed on your matter and no attorney client relationship is established until you have signed and returned this agreement, along with the advance payment, if applicable.
1. Responsible persons who will work on your matter. I will

be the attorney responsible for your matter. For efficiency purposes, I may delegate work to other lawyers or legal assistants. Each attorney and legal assistants charges an hourly rate for his or her work.
2. Fees and Costs. The hourly rates of the attorneys and legal

assistants that may work on your matter are: Managing Partner: ___________ Hourly rate: P 1,500.00

Associate Partner: ___________ Hourly rate: Legal Assistant: _____________ Hourly Rate:

P 1000.00 P 300.00

Fees are billable time spent on clients case including: a. Communications with Client- Whether by telephone, e-mail or regular mail b. Communications with Opposing Counsel- Whether by telephone, e-mail or regular mail c. Meetings with Client

d. Communications with any other persons connected with the case- Whether by telephone, e-mail or regular mail e. Preparation of any documents related to the case f. Travel time g. Research h. Settlement Negotiations Costs include but not limited to filing fees, professional fees (such as expert witness, guardian ad litem and evaluators fees), mileage, and other costs incidental to the case. Any fees awarded by the court will be applied as collected against additional billing over the amount of the retainer and then against the retainer. If the client has no outstanding balance on the fees, then the client will receive out of any court awarded fees reimbursement on the retainer as those court awarded fees are collected.
3. Advance Payments and Billing Statements. An advance

payment of fees in the amount of P50, 000 is required. This is a fixed fee that will secure my representation. We will mail you a monthly bill detailing the work that was performed on your matter. These monthly bills will first be applied against the retainer. When the retainer is depleted, we expect that you will timely and consistently pay the monthly bills in full. Payment is expected within 15 days of receiving the bill. Please note that the following percentage of the advance payment will be refunded to you in the event the representation is discontinued prematurely according to the following schedule. The amounts represent the time and labor spent on your case up to these periods of time. - 75% refundable at or shortly after arraignment - 50% refundable at or after preliminary examination - 0% -25% refundable at time of offer of plea bargain, depending on the effort and time expended by me to date
4. What you expect from us.

The firm will work diligently on your matter and will promptly and thoroughly keep you informed regarding the progress of your matter. We will send you copies of all correspondence sent on your behalf, copies of all documents filed on your behalf and copies of all documents received from the prosecutor or other parties.

We cannot guarantee the outcome of your case. We will advise you of the recommended technical and legal tactical issues as they arise so that you may continue to evaluate whether and how you wish to continue the legal representation. However, lawyers are subject to independent ethical obligations and a lawyer is not obligated to pursue objectives or employ means simply because you may wish that the lawyer do so, especially if the lawyer would be violating another duty by pursuing the requested action. Generally, the information you give to our firm is subject to the attorney-client privilege, However, lawyers are sometimes under an independent ethical duty to reveal privileged information, such as illegal or fraudulent acts committed by clients in the course of the attorney client relationship, the intention of the client to commit a crime or when the lawyer is required to divulge the information by law or court order. You should expect to be treated with respect and courtesy from all members of the firm and you should promptly inform us of any failure on our part to meet this expectation.
5. What we expect from you.

In order for a lawyer-client relationship to work effectively, you must be truthful in all discussions with us, even if, and especially when, you think the information is hurtful to you and your case. In order to help you, we need to have all information in a timely manner. If we are missing part of the picture, we cannot effectively represent you. Another important aspect of a successful lawyer client relationship is that you pay the monthly bill in full in a timely and consistent manner. If you have questions about the bill or our services during the representation, I expect that you will bring this to my attention upon receipt of the bill. We cannot address your concern if we are unaware there is a problem. We expect that you will treat with respect and courtesy all members of the firm.

6. Telephone Calls.

Attorneys, associates, and legal assistants will bill you at their hourly rate, for both calls they make and those they receive. The business hours of the firm are from 8:00 A.M. to 5:00 P.M. Telephone calls to the private residence of any member of the firm or to their cell phone that are not an emergency may result in a charge of P 300.00 , in addition to the time expended in attending to the phone call.

7. Files and Records.

All of your original client materials will be returned to you, or you will have an opportunity to retrieve your original client materials, immediately upon the conclusion of the representation. If you do not pick up your original client materials within 12 months of receiving the notice that they are available, they may be destroyed without further notice to you. If any notification is sent to you, it will be to the last current address we have on file for you. Please note that we reserve the right to maintain the closed file in an electronic format, only, and to destroy the hard copy of the file 12 months after sending you notice that the file is available for retrieval. If the file is maintained in an electronic format it will be stored in at least two separate physical locations.

8. Discontinuing the Representation/Withdrawing from the

Representation. You have the right to discontinue the services of the firm at any time. However, in a litigation matter, your desire to obtain a new attorney is subject to court approval. The court may not grant the substitution of counsel or agree to delay the proceeding to provide you time to obtain a new attorney. The firm reserves the right to withdraw from this representation if there has been a breakdown of the attorney-client relationship. Discontinuing the representation does not affect your responsibility to pay for the legal services rendered and the costs in incurred up to the date of termination. We appreciate the opportunity to be your representative in this important matter. We look forward to working with you. A selfaddressed, stamped envelope is enclosed for your convenience in returning this signed agreement. Very truly yours,

_______________________ Attorney

Date

______________________ Client Date